Hurd v. Whitsett
Supreme Court of Colorado
Error to County Court of Arapahoe County. Whitsett, the plaintiff in the court below, based his action upon the seventh section of chapter thirty-five of the Revised Statutes, concerning forcible entry and detainer.
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Error to County Court of Arapahoe County. Whitsett, the plaintiff in the court below, based his action upon the seventh section of chapter thirty-five of the Revised Statutes, concerning forcible entry and detainer. The declaration was substantially as follows : First count: “ Plaintiff complains that the defendants are indebted to him in the sum of $700, for that on June 1st, 1874, Frank L. Moore possessed lot 28, in block 20,East Denver, Colorado, with a certain building thereon ; that on that day the said Moore rented said building to the defendants for one month certain, and from month to…
1Opinion of the CourtStone, J.
Two questions arise for our determination : First, what was the character of the tenancy as to duration ; was it from month to month? Second, under the notice given, did the statute operate to change such character of the tenancy ?
I. The first question is to be determined by the terms of the contract, if there was a contract respecting the term at all; if not, then by implication, based upon whatever facts in the whole case exist from which a legal inference fixing the term may be deduced.
There was no written lease, and the evidence shows no express contract as to the length of term beyond…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Blumenberg v. MyresCalifornia Supreme Court · 1867
- Stoppelkamp v. MangeotCalifornia Supreme Court · 1871
- Rich v. BoltonSupreme Court of Vermont · 1873
3Cited by17 opinions
- Rhoads Drilling Co. v. AllredTexas Supreme Court · 1934
- Commissioners of Public Works v. Cities Service Oil Co.Massachusetts Supreme Judicial Court · 1941
- Collins v. ShanahanColorado Court of Appeals · 1974
- Millage v. SpahnSupreme Court of Colorado · 1946
- Atkinson v. ColeSupreme Court of Colorado · 1891
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